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ILR revoking after 2 year absence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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hamalt66
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ILR revoking after 2 year absence

Post by hamalt66 » Sat Feb 18, 2017 6:50 pm

What exactly are the rules regarding the 2 years of staying abroad that might lead to one's ILR being revoked?

I now know that continuous absence of more than 2 years could/would lead to revoking of one's ILR. But my question now is will you be able to travel abroad again after coming back to the UK, and how soon can one travel and for how long without risking losing his/her ILR status? Many thanks in advance for your answers.

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zimba
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Re: ILR revoking after 2 year absence

Post by zimba » Sat Feb 18, 2017 9:23 pm

There is no travel restrictions or such things. The rule of thumb is that if there is enough evidence that UK is NOT the main place of your residence and you are NOT settled here, your status as a settled person is questionable. E.g If you live 10 months outside the UK each year, you are not really settled here.
This is not a reason for revocation of ILR, but it could be argued that such person's status is not in line with an ILR.

More info: https://www.gov.uk/government/uploads/s ... ctober.pdf
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secret.simon
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Re: ILR revoking after 2 year absence

Post by secret.simon » Sat Feb 18, 2017 10:45 pm

Your earlier similar question has been answered in another thread. Also see this post.
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hamalt66
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Re: ILR revoking after 2 year absence

Post by hamalt66 » Sun Feb 19, 2017 11:21 am

zimba88 wrote:There is no travel restrictions or such things. The rule of thumb is that if there is enough evidence that UK is NOT the main place of your residence and you are NOT settled here, your status as a settled person is questionable. E.g If you live 10 months outside the UK each year, you are not really settled here.
This is not a reason for revocation of ILR, but it could be argued that such person's status is not in line with an ILR.

More info: https://www.gov.uk/government/uploads/s ... ctober.pdf
Thank you Zimba for ur feedback. I understand that ILR is given to people who wish to permanently reside in the UK. But I am talking hypothetically here and was wondering if an entrepreneur with ILR who even though his/her main business is in the UK and running smoothly and managers and employees are running the day to day work (and for some reason was not able to naturalise and aquire British Citizenship yet), how will any continuous travel or staying abroad for other buisness purposes will affect his ILR say in 4 or 5 years? Is it the overall limit of staying abroad of 2 years that will affect ILR or is it fine as long as the period he stayed outside was more than 2 years but not continous? Does that make sense?

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CR001
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Re: ILR revoking after 2 year absence

Post by CR001 » Sun Feb 19, 2017 11:25 am

You are free to travel. Only an absence of 2 continuous years risks the loss of your ILR.
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hamalt66
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Re: ILR revoking after 2 year absence

Post by hamalt66 » Sun Feb 19, 2017 1:12 pm

CR001 wrote:You are free to travel. Only an absence of 2 continuous years risks the loss of your ILR.
Thank you. Fair enough.

hello1717
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Re: ILR revoking after 2 year absence

Post by hello1717 » Sat Apr 06, 2019 4:21 am

CR001 wrote:
Sun Feb 19, 2017 11:25 am
You are free to travel. Only an absence of 2 continuous years risks the loss of your ILR.
Does 2 continuous years mean an absence of 2 consecutive years? So if I come every year for a month, will it be okay?

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Casa
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Re: ILR revoking after 2 year absence

Post by Casa » Sat Apr 06, 2019 9:41 am

hello1717 wrote:
Sat Apr 06, 2019 4:21 am
CR001 wrote:
Sun Feb 19, 2017 11:25 am
You are free to travel. Only an absence of 2 continuous years risks the loss of your ILR.
Does 2 continuous years mean an absence of 2 consecutive years? So if I come every year for a month, will it be okay?
Short visits aren't likely to be sufficient unless you have retained strong links to the UK such as property, business ownership etc.
(Casa, not CR001)
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